Municipal Council vs Jagjit Singh

THREE Appeal Nos. 873, 874 and 875 of 1996 are being disposed of by this order. All these appeals have been filed by Municipal Committee, Mansa against different respondents, who were complainants before the District Forum, Mansa. The houses of the complainants as stated are situated beyond the Railway line in the town of Mansa. There is Water Supply Scheme at Mansa. Water is arranged by Punjab Water Supply and Sewerage Board, however, connections at the residences of the inhabitants are allowed by the Municipal Committee, Mansa. Such water supply connections were allowed to the complainants.

SINCE there was no supply of water at the houses of the complainants for the last 5 years, they approached the District Forum with the complaints. Apart from the grouse relating to the water supply, some other grouse was also raised against Municipal Committee relating to non cleaning of the streets etc. The complainants sought directions to the Opposite Parties to pay compensation of Rs. 20,000/-. Reply was filed by Municipal Committee as well as by the Board. The Board categorically admitted deficient supply of water to the area beyond the Railway line for which a new scheme would cost about Rs. 4.25 crores. Municipal Committee in the reply admitted having granted connections. However, there is no specific denial about the supply or non supply of water to the houses of the complainants. Except that, assertions were made of wastage of water by some in the sense that they were spraying water or otherwise some of them were using Booster Pumps. In a way, they were justifying non availability of water in the houses of the complainants. The complainants filed their own affidavits whereas on behalf of the Municipal Committee, affidavit of their Executive Officer, Birbal Dass was filed. No affidavit on behalf of the Board was filed. On the material produced aforesaid, the District Forum by separate orders passed in the cases gave directions to the Municipal Committee not to charge for the water when no water was supplied. A direction was given to the Opposite Parties to continue the supply of drinking water to the premises of the complainants and such a direction be complied with by October 30, 1996. Separately, costs by way of compensation amounting to Rs. 1,100/- in each case were also allowed to be paid to the complainants by the Opposite Parties. The aforesaid appeals were admitted. Records have been received. In all the three appeals, applications for staying operation of the orders of the District Forum have been filed on March 4, 1997. Since, appeals were listed for today, we have heard Counsel for the complainants in these appeals. Nobody has come up to argue the appeals on behalf of the appellant, Municipal Committee, Mansa.

Since, complainants are being charged for the supply of water, they would be consumers as defined under the Consumer Protection Act and are entitled to file the complaints.

NON supply or short supply of water would perse be deficiency in rendering service on the part of the Opposite Parties who are charging for the water supply at the flat rate per tap as stated. Thus, the question for consideration is as to whether on facts the complainants have proved by evidence that there is non-supply of water to their houses. As briefly stated above, only complainants filed their affidavits asserting non supply of water for last about 5,5 years. No affidavit on behalf of the Board has been filed and even in their reply suggests that there is deficiency in this respect as water is not being supplied to the houses situated beyond the Railway line. The Municipal Committee''s reply as well as affidavit of Birbal Dass in support thereof does not specifically deny non-supply or short supply of water to the premises of the complainants. Thus, accepting the affidavits of the complainants, a finding was correctly recorded by the District Forum that there was deficiency in rendering service on the part of the Opposite Party in not supplying the water for which the complainants are being charged. As to whether non supply of water was throughout the day or particular portion of the day, no firm finding can be given on the evidence produced. Even if pressure of water was low, there would be short supply if at all it was there. It is in this peculiar situation that directions as contemplated under Section 14 of the Act were required to be given. Learned Counsel for the complainants frankly agreed that general directions as given by the District Forum ultimately would not yield any result. Though, the appeals are to be dismissed, we prefer to modify the directions as under : 1. The Municipal Committee henceforth would only charge at the flat rate per tap if water is supplied to different houses situated beyond the Railway line as that of the complainants''. If water is supplied for few hours, only in a day, then charges would be proportionately reduced for which Municipal Committee will take a decision. If pressure of the water is not upto the mark and even for the hours water is supplied, still charges would further be reduced as would be determined by the Municipal Committee. 2. Considering that crores of rupees are required for augmentation of water supply scheme, no general directions are given to the Municipal Committee or the Board to supply water 24 hours to the complainants. Such directions as given by the District Forum are thus set aside. The Municipal Committee and the Board will formulate a scheme to regulate the supply of water at Mansa on both sides of the Railway line in such a manner for fixed hours atleast water at full pressure or reasonable pressure is supplied to the houses situated beyond the Railway line. Likewise, if necessary, such hours can be refixed for the town of Mansa on this side of the Railway line as well. The Municipal Committee will refix the rates as observed above and refund/adjust and charge accordingly by passing orders in individual cases. 3. The amount of compensation awarded by the District Forum is just and does not call for interference in appeals.

THE aforesaid directions should be complied with within a period of two months as far as framing of the schemes etc. are concerned. However, immediate action would be taken to supply water to the houses of the complainants on the other side of the Railway line promptly. THE appeals stand disposed of as above. THEre will be no order as to costs in these appeals. Appeals disposed of.